Completion/Performance Security. Seller shall pay or provide to Purchaser a security deposit equal to Five Million Dollars ($5,000,000) as security for Seller’s completion of the construction of the Facility by the Guaranteed Commercial Operation Date (the “Completion Performance Security”). Such Completion Performance Security will be required within ten (10) days of the Construction Commencement Date. Such security shall be in the form of cash deposited in an interest bearing escrow account mutually acceptable to Purchaser and Seller; an unconditional and irrevocable direct pay letter of credit in form and substance reasonably satisfactory to Purchaser; or a performance bond in form and substance reasonably satisfactory to Purchaser. The form of security required will be in the sole discretion of Seller.
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